Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Dominica (Ratification: 2002)

Other comments on C169

Direct Request

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The Committee notes with deep concern that the Government’s report has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Scope of application. The Committee previously noted that the Convention applies to the Kalinago (Carib) people living in the Carib Reserve on the north-eastern coast of Dominica, and requested the Government to provide information on their socio-economic situation. The Committee notes the adoption of the Carib Reserve Act (Amendment) (Act No. 2 of 2015), which changes the term “Carib” for “Kalinago” to refer to the indigenous peoples of the country, and renames the Carib Reserve Act as Kalinago Territory Act. The Committee also notes that the 2011 National Population and Housing Census shows that the Kalinago people accounts for 3.7 per cent of the population (2,576 people). According to information of the Central Statistics Office, a national census is planned for 2021, covering areas such as employment, education, health and income distribution. The Committee further notes that one of the specific strategies contained in the National Resilience Development Strategy 2030 is to encourage improved data collection, disaggregation, and analysis to ensure the availability of adequate and useful data to address the issues confronting the Kalinago people. The Committee requests the Government to provide information on the results of the latest National Population and Housing Census (indicating whether the criterion of self-identification has been applied in the identification of indigenous peoples). Recalling the importance of having reliable statistical data on the socio-economic conditions of indigenous peoples as an essential tool for effectively guiding and defining policies relating to indigenous peoples, the Committee hopes that the Government will be able to provide information in this respect.

Articles 2 and 33. Coordinated and systematic action. Elimination of socio-economic gaps. In its previous comments, the Committee noted that the Ministry of Carib Affairs was the main Government institution in charge of issues concerning the peoples covered by the Convention. The Committee notes that this competence was transferred to the Ministry of Environment, Rural Modernisation and Kalinago Upliftment. The mission of the Ministry is, according to information available on its website, to improve the quality of life and opportunities for the Kalinago people by contributing to a relationship of mutual understanding, trust and respect between this people and the Government. In this regard, the Ministry aims at promoting collaboration and coordination across ministries on indigenous policies and programmes, and enhancing awareness of the Kalinago people’s issues and best practices for consulting and engaging with them. The Committee further notes that, according to the National Resilience Development Strategy 2030, approximately 50 per cent of the Kalinago population was considered poor after a poverty assessment conducted in 2009. The Committee requests the Government to indicate the measures taken by the Ministry of Environment, Rural Modernisation and Kalinago Upliftment to ensure coordinated and systematic action to protect the rights of the Kalinago people. Please, provide examples of coordination and collaboration between the Ministry and other government agencies dealing with issues concerning the Kalinago people. In this regard, the Committee requests the Government to indicate how the participation of the Kalinago people is ensured in the design and implementation of measures for the protection of their rights, including in programmes aimed at eliminating the socio-economic gaps that exist between indigenous peoples and other members of the national community.

Articles 4 and 7.1. Special measures. Development. The Committee previously noted that, pursuant to section 48 of the Kalinago Territory Act (previously Carib Reserve Act), the Government retains responsibility for the overall development and planning in the Reserve and that each hamlet in the Kalinago territory has a development committee. The Committee notes that, with the financial support of the World Bank, the Government has implemented the Indigenous Peoples Plan Housing Recovery Project to rehabilitate homes in the Kalinago Territory that were affected by the Hurricane Maria in 2017. The Committee also notes that the National Resilience Development Strategy 2030 provides for specific recovery strategies concerning the Kalinago people, including the implementation of a Kalinago Development Plan and the promotion of the participation of persons who identify themselves as Kalinago in development planning bodies as means of building their capacity to represent their interests. The Committee requests the Government to provide information on the results of the measures taken or envisaged to safeguard the persons, properties and environment of the peoples covered by the Convention, indicating the manner in which they participate in the formulation, evaluation and implementation of such measures, including through the development committees in the different hamlets. The Committee also requests the Government to indicate if the Kalinago Development Plan has been adopted as envisaged in the National Resilience Development Strategy 2030.

Articles 6 and 7.3. Consultation and participation. The Committee previously noted that the Kalinago people are consulted through community organizations and the Carib (Kalinago) Reserve Council. The Committee notes that the 2018 Climate Resilience Act (No. 16), under section 9, establishes a Climate Resilience Execution Agency for Dominica (CREAD) tasked with coordinating recovery action following climate related disaster, including the construction, reconstruction or restoration of physical or other infrastructure. The Committee takes due note that according to section 11 (3) of the Act, the CREAD shall ensure community engagement, including of representatives of indigenous peoples, in the design, implementation and evaluation of all projects managed by the agency; and that public consultations are held for communities affected by large scale infrastructure projects. The Committee further notes that in its 2020 reply to issues raised by the United Nations Human Rights Committee, the Government indicated that it consulted the Kalinago Council prior to carrying out any infrastructure project in the Kalinago territory (CCPR/C/DMA/RQAR/1 paragraph 126). The Committee takes due note of the above-mentioned legislative measures and requests the Government to provide information explaining the manner in which the Kalinago Reserve Council is consulted prior to the adoption of legislative and administrative measures affecting the Kalinago people directly, including examples of measures that have been consulted. The Committee also requests the Government to indicate how the Kalinago people cooperate with the Climate Resilience Execution Agency for Dominica (CREAD) in the designing and implementation of recovery actions in the Kalinago territory, including in relation to the assessment of the social, spiritual, cultural and environmental impact of such measures.

Articles 14, 17 and 19. Land. The Committee previously noted that according to section 47 of the Kalinago Territory Act, the Kalinago Reserve Council has the custody and control over the lands in the Kalinago Reserve. Furthermore, pursuant to section 45 of the Act, no lands in the Reserve could be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. The Committee also notes that according to the Dominica National Land Use Policy issued in 2014, the Kalinago territory shall be treated as a special policy area and be planned to support the culture and lifestyle of the Kalinago people. The Committee requests the Government to provide information on the application in practice of the Kalinago Territory Act, including information on procedures established for the transmission of land rights to persons within and outside the Kalinago Reserve. The Committee also requests the Government to provide information on measures taken under the 2014 Dominica National Land Use Policy, to facilitate indigenous peoples’ access to the means required to promote the development of their lands.

Article 15. Natural resources. Consultation. The Committee notes that according to section 2 of the Mines and Minerals Act (Act No. 5 of 1996), the State has the entire property and control over all minerals in any land in the State and under the territorial sea. Pursuant to section 101 of the Act, the holder of a mining licence shall not exercise any activity authorized by the licence in respect of land comprising a reserve, except with the consent of the Minister responsible for Mining and Natural Resources or other authority having control thereof. The Committee requests the Government to indicate if any activity relating to the use of natural resources in the Kalinago territory, including any program for the exploration and exploitation of mineral resources, has been authorized and, if so, to indicate how the indigenous peoples concerned have been consulted before undertaking or permitting any such programmes.

Articles 20 and 22. Employment and vocational training. The Committee notes that in its 2020 reply to issues raised by the Human Rights Committee, the Government indicated that it had established a Small Business Fund to facilitate access to funding for business to the Kalinago people, which is not otherwise available through financial institutions (CCPR/C/DMA/RQAR/1 paragraph 125). The Committee notes that the UN sub-regional team for Barbados and the Organisation of Eastern Caribbean States, in their 2019 joint submission for the examination of Dominica under the UN Universal Periodic Review, underlined that unemployment among the Kalinago people was a chronic issue, especially as a result of a significant drop in banana exportation. The Committee requests the Government to indicate the measures taken to facilitate access to training and employment opportunities to indigenous peoples, including skilled employment. The Committee also requests the Government to provide information on the number of persons pertaining to the Kalinago people who have benefited from the Small Business Fund to develop their own business initiatives.

Article 24. Social security. The Committee requests the Government to provide information on the percentage of employed Kalinago people covered by social security schemes or other social protection measures targeting the Kalinago people.

Article 25. Health. The Committee once again requests the Government to provide information on the measures taken in relation to the provision of health services in the Kalinago territory, in cooperation with the Kalinago people.